After Eight Years Behind Bars, Madras High Court Sets Aside Cocaine Conviction of South African Woman

In a landmark judgment that underscores the critical impact of evolving legal statutes, the Madras High Court has ordered the immediate release of K.J. Dlamini, a South African national, who had spent eight arduous years behind bars for cocaine smuggling. This significant ruling overturns a 10-year rigorous imprisonment sentence handed down by a special court in 2016, bringing a dramatic end to a protracted legal battle.

Dlamini's ordeal began in 2015 when she was apprehended at Chennai International Airport, found to be in possession of 1.6 kg of cocaine.

Following her arrest, she pleaded guilty, leading to her conviction and the subsequent 10-year sentence under the Narcotic Drugs and Psychotropic Substances (NDPS) Act by a special court dedicated to such cases.

However, the heart of the High Court's decision, delivered by a Division Bench comprising Justices R.

Suresh Kumar and K. Kumaresh Babu, lay in a crucial legal oversight. The special court, when pronouncing its original sentence, had failed to consider a significant amendment to the NDPS Act in 2014. This amendment had reduced the mandatory minimum sentence for offences involving an ‘intermediate quantity’ of illicit drugs from 10 years to 5 years.

The High Court meticulously pointed out that while Dlamini was caught with 1.6 kg of cocaine, this quantity falls squarely within the ‘intermediate’ category.

The NDPS Act classifies quantities into 'small', 'intermediate', and 'commercial', with 'commercial quantity' defined as 2 kg or more for cocaine. The 2014 amendment was explicitly designed to differentiate between larger traffickers and those involved with lesser quantities, providing for a more nuanced sentencing framework.

Crucially, the Supreme Court of India in 2021 had declared that the 2014 amendment to the NDPS Act should be applied retrospectively.

This means that even if an offence occurred before 2014, if the trial or appeal was ongoing after the amendment, the reduced sentencing provisions would apply. Dlamini’s appeal, filed in 2022, thus became a direct beneficiary of this retrospective application.

Representing Dlamini, Senior Counsel R.

Sankaranarayanan, assisted by advocate P. Muralidharan, forcefully argued that his client had already served eight years in prison – three years more than the minimum five-year sentence stipulated by the amended law for an intermediate quantity of cocaine. The bench concurred, stating that "it is a clear case where the special court has failed to apply the benefit of the amendment that has been introduced in the year 2014 retrospectively from May 1, 2014, as held by the Hon’ble Supreme Court."

In light of these legal facts, the High Court set aside Dlamini’s conviction.

The court further ordered that she be released immediately, provided she is not required in connection with any other ongoing criminal case. This judgment not only grants liberty to K.J. Dlamini but also serves as a potent reminder of the judiciary's role in correcting past legal inconsistencies and ensuring justice aligns with updated legislative intent.